FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a Federal Circuit opinion reversing a $1.2 billion dollar jury verdict;
• the use of court-appointed technical advisors by federal district courts in patent cases;
• how the Federal Circuit affirmed a district court’s order prohibiting certain expert testimony related to damages in a patent case; and
• a Federal Circuit opinion in a patent case addressing the construction of a claim preamble.

The Federal Circuit did not release any opinions or orders this morning on its website.

This week is Court Week at the Federal Circuit. Here’s what you need to know. The court will convene 11 panels to consider about 53 cases. Of these 53 cases, the court will hear oral arguments in 36. Notably, none of these argued cases attracted amicus briefs. Starting this month, the court will resume hearing oral arguments in person. Here is a list of cases being argued this week.

This morning, the Federal Circuit announced that the court has entered a new order concerning access to the National Courts Building complex in Washington, D.C., limiting access through October 31, 2021. Here is the text of today’s announcement.

This morning the Federal Circuit issued two nonprecedential opinions in related patent cases appealed from the Patent Trial and Appeal Board. The cases also relate to Universal Secure Registry LLC v. Apple Inc., a precedential case released yesterday by the Federal Circuit. Here are the introductions to the opinions.

On August 23 the Federal Circuit issued its opinion in National Association of Manufacturers v. Department of the Treasury, a case we have been following because it attracted an amicus brief. The case was argued before Judges Lourie, Prost, and Reyna. These judges considered whether regulations promulgated by the Department of Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. Judge Reyna authored the majority opinion in the case, affirming the U.S. Court of International Trade’s judgment finding the regulations to be invalid. This is our opinion summary. 

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
• a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
• an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.

This morning the Federal Circuit issued six precedential opinions in veterans, government contract, and patent cases. The patent cases address issues of claim construction, damages expert testimony, the written description requirement, and eligibility. The court also issued two nonprecedential opinions in related patent cases. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the United States Court of Federal Claims. Here is the introduction to the opinion.